SIX CHARGES against former Ireland international soccer player Gary Kelly were struck out at Drogheda District Court yesterday after the judge was told by three complainants that they did not want to proceed with their complaints.
Kelly was one of four men prosecuted in relation to an incident at Halpin’s Terrace, Drogheda, on March 28th-29th last.
Kelly (36), Braughan, Baltray, Co Louth had been accused of assaulting Richard Kinsella, Wayne McGuinness and Peter Monks.
He was also accused of producing a wooden stick in the course of a dispute and entering a house as a trespasser with intent to commit criminal damage.
The sixth charge was one of damaging a window in a front door. Also charged were his brother Jim Kelly (52), Marian Park, Drogheda, Cillian Brennan (26), Gleann Alainn, Tullyallen, Co Louth, and John Connor (48), Moneymore, Drogheda.
They were also charged with entering the house as a trespasser with intent to commit criminal damage and were alleged to have produced a wooden stick in the course of a dispute.
Jim Kelly was also alleged to have assaulted a man.
When the case was called yesterday, their solicitor Paul Moore told Judge Patrick Clyne there “has been a resolution of the matter” between the complainants and the accused and the three complainants were “not anxious” to proceed.
Garda Insp Brendan Cadden told the judge he wanted to call the alleged injured parties in the case.
The complainants were represented by solicitor Patrick Goodwin and two were in court, the judge heard.
Judge Clyne said if the parties had “kissed and made up, let’s put it to the test”.
Mr Kinsella got into the witness box and he agreed with Insp Cadden that he had made a written complaint to gardaí on March 29th in relation to an incident on March 28th but he now wished “to withdraw the statements.”
Asked by the inspector if he was under duress to do this, he replied “no”.
Mr McGuinness then got into the witness box and when the inspector asked him if he wished to give evidence he said, “no,” and “I am not under any duress.”
The inspector asked the judge if he would put the case back to be dealt with later in the day as the Director of Public Prosecutions had given directions on it, although he accepted that without the complaints of the injured parties, it could not proceed.
Judge Clyne said that looking at it from the Garda point of view, “if peace has broken out, let’s nurture the peace, don’t compound it”. He called all of the accused and complainants to stand at the front of the court and spoke to them.
“Do you know how much police time you all wasted?” he asked, with what was “a scrap between six or seven adults”. He said they had wasted time, energy and “cost the State a fortune. It is a pain in the neck for this court.”
He also told them that if “you cry wolf again, the gardaí won’t be running out to hold your hand”.
He then struck out all charges. He told the complainants to leave the court first and then a few minutes later he told the accused they could leave. No one commented after the proceedings.